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Litigation

How does the limitation period work for an ongoing or continuing breach in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Where a breach or wrong is ongoing, rather than a single, completed event, Ontario's limitation analysis can treat each fresh instance of the continuing conduct as potentially giving rise to its own discoverability clock, rather than the entire situation being governed by a single date tied to when the problem first began. This means a claimant dealing with an ongoing breach, such as a continuing failure to pay amounts as they come due, or an ongoing nuisance or interference that repeats over time, may still be able to pursue claims for more recent instances of the conduct, even if the very first instance happened long enough ago that a claim based on it alone would now be out of time.

This is different from a single event that simply has ongoing consequences, such as a single defective repair that continues to cause problems; in that situation, the clock generally still runs from when the original event was discovered, not from every day the consequences persist. Distinguishing a genuinely continuing breach from a single event with lasting effects is a fact-specific question that can significantly affect how much of a claim remains available, so it's worth getting clarity on which category a specific situation falls into before assuming either that everything is barred or that everything remains open.

Key takeaways

  • A genuinely continuing breach can give rise to fresh limitation clocks for more recent instances.
  • Older instances of a continuing wrong may become time-barred even while recent ones remain live.
  • A single event with lasting consequences is different from a continuing breach and runs from discovery of the original event.
  • Distinguishing the two categories is fact-specific and significantly affects what remains open.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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